Nehal Pharande

Alternative Dispute Resolution In India

Alternative Dispute Resolution In India

INTRODUCTION Judiciary is one of the most important branches of government along with legislature and executive. The main function of the judiciary is to give justice and to punish the wrongdoer.  In India, the judiciary is said to be the people’s protector. It is the only organ the people trust the most because it dispenses…

Terrorism and Cyber Crimes in India

Terrorism and Cyber Crimes in India

Abstract: The aim of this article is to analyze the increasing terrorism and cyber crimes in India. Defining ‘terrorism’ is made all the more complicated by the fact that unknown signs of cybercrimes, whether they pertain to information theft, , Trojan attacks, e-mail bombing, salami attacks, DOS attacks, or the most common offense of hacking,…

Legislative law-making and judicial law-making under American legal realism

Legislative law-making and judicial law-making under American legal realism

Abstract This article presents American legal realism, which is a combination of the analytical positivism and sociological approach. When a court decides cases, their decision makes law because they become precedent that binds future courts under the doctrine of stare decisis. It is a great role of judges to understand the law, society and also…

Plaintiff to prove that he has means to generate consideration amount: SC

Plaintiff to prove that he has means to generate consideration amount: SC

The Supreme Court on 8th February 2020 has observed in C.S. Venkatesh Vs A.S.C. Murthy, (2009) case that it is mandatory on the part of the plaintiff in a Specific Performance suit to prove that he has the means to generate the consideration amount. The continuous readiness and willingness on the part of the plaintiff…

SC seeks UP Govt response on notices to CAA protestors for damage to public property

SC seeks UP Govt response on notices to CAA protestors for damage to public property

The Supreme Court on Friday sought response from the Uttar Pradesh government on a plea trying to obtain directions to quash notices sent for recovering loss caused to public property to the alleged protesters in the anti-Citizenship (Amendment) Act protest in Uttar Pradesh. A bench headed by Justice D.Y. Chandrachud and K.M. Joseph issued notice…

After Kerala and Punjab, Rajasthan passes resolution against CAA

After Kerala and Punjab, Rajasthan passes resolution against CAA

Rajasthan Assembly on Saturday 25th January 2020, passed a resolution urging the Centre to repeal the Citizenship Amendment Act (CAA), amid opposition by the BJP which accused the ruling Congress of pursuing appeasement politics. Congress-ruled Rajasthan has become the third state to adopt a resolution against the controversial Citizenship Amendment Act or CAA in the…

Nexus between Law and Morality

Nexus between Law and Morality

In this article, the author examines whether there occurs a role for law in moral matters and traces the interrelation of law and morality through ancient times. The popular concept of the connection between law and morality is that in some way the law exists to promote morality, to preserve those conditions which make the…

Nirbhaya case: SC dismisses Plea of juvenility raised by Death Row Convict Pawan Gupta

Nirbhaya case: SC dismisses Plea of juvenility raised by Death Row Convict Pawan Gupta

The Supreme Court on Monday dismissed a plea by one of four death row convicts in the Nirbhaya gang rape and murder case, Pawan K Gupta, claiming that he was a juvenile at the time of the incident in 2012. The apex court said this claim had already been rejected and he cannot raise it again….

SC Agrees To Hear Live-Streaming Of Court Proceedings, Jallikattu Matters

Chief Justice S. A. Bobde on 14th Jan  agreed to “take up” the matter of implementation of the 2018 Supreme Court judgment on the live streaming of proceedings. Senior Advocate Indira Jaising, one of the petitioners-in-person in the case, mentioned her application for the judgment to be effectuated, stressing that the said decision even specifies…